Additional Cadastral Map View/Supplementary Data

When making a title sheet 2012 Act compliant, the current registration guidance for secondary layers to the cadastral map (supplementary data), is to refer to supplementary data as –

“… tinted/hatched/edged (colour) on the secondary layer of the cadastral map, an extract of which is included as supplementary data-1/2/3 … to the title sheet”.

This guidance is to continue for tenement property and for “scanned” supplementary data.

The following now applies to all other property and for “plotted” supplementary data.

If a new colour reference is applied as supplementary data (known in Plans Settle as Grouping in the Plans Creator, see below), new wording “tinted/hatched/edged (colour) on additional cadastral map view 1/2/3 …” should be used.

If the title sheet also contains references to existing plotted supplementary data, the existing wording should be replaced with new wording.

Groupings in the Plans Creator

General

One of the new features of mapping in the Plan Creator is the use of groupings. This allows plans references to be placed on additional layers (or views) of the cadastral map. In turn, these produce additional plans/pdfs that are associated with the title.

For the overwhelming majority of cases, the use of groupings will not be required, and all plans references needed for the title should be left "ungrouped" so that they are all shown on the primary layer (or view) of the cadastral map. However, if there are any concerns about the visibility of references on the primary "ungrouped" layer, then consideration should be given to transferring some of the references to a grouping following the guidance below.

In November 2022, an IT development allowed the header template on the pdf print generated from a grouping to be amended from the former outdated header Supplementary Plan to the Title Plan - the new header reads "Additional Cadastral Map View/Supplementary Data".

Naming of groupings

All groupings form part of the cadastral map, with the header on the pdf plan generated for a grouping being "Additional Cadastral Map View/Supplementary Data". This double heading allows the pdf plan to be used in both scenarios in which the groupings function is used:

tenement cases and lease in tenement cases will refer to these groupings as 'supplementary data 1, supplementary data 2, etc. ';
and if the groupings are required as additional layers to the cadastral map they will be narrated as 'additional cadastral map view 1, additional cadastral map view 2, etc'.
In both scenarios, the number of the plan is the same as the number given to that grouping within the Plan Creator.

Please ensure that you add an LRS title note for the legal setter advising them to edit the plans references using the descriptions, above, if you have used a grouping for an additional layer of the cadastral map. For example,

Legal Examiner, please note that all plans references that are depicted in grouping ABN12345-1 should be referred to in the title sheet as "tinted/hatched/edged xxx on additional cadastral map view 1".

Ancient Monuments

See Ancient Monuments and Archaeological Areas Act 1979 - part of the Burdens Section Information page. Example deeds can be viewed here and here.

During the COVID pandemic, Historic Environment Scotland changed the way in which deeds relating to ancient monuments are authorised. This has implications for the form the deeds now take and, correspondingly, how they should be processed.

Under s1(10) of the Ancient Monuments and Archaeological Areas Act 1979, only a certified copy of the schedule can be registered, and the document needs to be executed in line with the Requirements of Writing (Scotland) Act 1995 (i.e. be probative). Previously, in the paper world, this was all usually achieved as part of the authorisation process, where the authoriser would sign and be witnessed.

Now, however, the document is authorised electronically, (which does not comprise a probative signature), which means that in order to be registered, it needs to be printed off and signed/witnessed for the purposes of certifying the copy and to enable registration. The end result is a document that looks like the examples attached here.

A consequence of this change is that when the document is printed out to be signed, this signing block can sometimes appear on a separate page from the remainder of the deed i.e. the signing page does not ‘run on’ from the previous page (see example deeds). For these deeds only, please do not reject for this reason.

Deeds adding an entry to the Schedule of Ancient Monuments or amending an existing entry in the Schedule, should be entered into the burdens section. Plans references may be required to be added or deleted from the cadastral map - see Deeds with Plans Annexed (below).

Deeds may also be submitted purporting to amend an existing entry in the schedule where it is apparent that the deed is superseding a previously recorded or registered entry. The land register is not a historical register therefore, where it is apparent that the new entry supersedes the existing entry in the schedule, the superseded entry should be deleted and a new entry added.

The template supplied by the agent should be used for the title sheet entry.

Agreements concerning ancient monuments and land in their vicinity can also be submitted for recording and/or registration. Such an agreement is a registrable deed by virtue of section 17(6) of the Ancient Monuments and Archaeological Areas Act 1979. An entry should be added to the burdens section of the title sheet and should reflect the terms of the recorded/registered deed.

Books of Council and Session

When submitting an application via the digital portal, Agents will be asked to confirm whether or not it’s a Books of C&S application. There have been some occasions where Agents have been using this prompt instead of including a request for Books of C&S recording in a covering letter or stipulated in the application form. Agents are still required to request Books of C&S recording. For cases not including the request, these should be treated as normal dealings. For properly requested Books of C&S cases, they should be processed as follows:

Non App Created case

Application submitted with Books of C&S aspect.
Case passed to Complex Referrals to confirm Plans and Legal suitability as well as if there is an FR/TP application that affects the case.
The case is returned to the Intaker to create and moved to the Complex Odd Job person or rejected if not suitable.
The case is then taken on by the Complex Odd Job person where they will do the necessary checks in order to confirm if the case is suitable for Land Registration. If the application requires joint recording in the Sasines Register, the following should NOT be completed until notification on the CMS is received from Sasines that the deed has been recorded. When this notification has been received and the deed is suitable for registration, the Complex Odd Job person emails CAJR mailbox with the subject heading containing "Joint Recording Request", Application and Title Number. The email should contain the details of Books of C&S template shown below, a PDF of the deed and the LR29 Form:

Application number(s):

Title number(s):

Deed:

Parties:

Agent’s e-mail(s):

Their ref:

LBTT Info (if applicable): Please state LBTT info or say Not Applicable.

Other useful info:

Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"Books of C&S template details, a PDF of the deed and the LR29 Form sent to CAJR".
CAJR emails Complex Odd Job person within 48 hours that deed is acceptable for recording in Books of Council & Session. The Complex Odd Job person emails Agent with template letter, LR54 on LRS application workdesk, to submit original deed and form to CAJR.
Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"LR54 sent to agent".
If there is no FR/TP that affects the application, the Complex Odd Job person completes and despatches application.
If there is a FR that affects the application, the Complex Odd Job person sends an email to ‘CMS FR Service Team Queries’ mailbox with details of the application as a courtesy and attaches it with the FR on LRS and CMS updating the category at the same time. This moves the case on CMS to the FR/DW workbasket.
If there is a TP that affects the application, the Complex Odd Job person sends an email to ‘TP Digital Submission’ mailbox with details of the application as a courtesy and associates it with the TP on LRS and CMS updating the category at the same time. This moves the case on CMS to the TP/DW workbasket.
When CAJR emails completed LR29 form to Complex Odd Job person, the Books of Council & Session Running No. added to the CMS as a case collaboration note.

Certificate of Consignation

See Where discharge cannot be obtained - Certificate of Consignation or Declarator in Securities Section Information. There are also example deeds here.

If a discharge of a heritable or standard security in respect of a monetary obligation cannot be obtained because of the absence or death of the creditor or for any other cause, the debtor may (in terms of section 18(2)(a) of the 1970 Act) consign the whole amount due in a bank in Scotland on behalf of the person who appears to have the best right to it. Once this has taken place, a certificate of consignation can be drawn up by a solicitor in the form prescribed by Form D, No. 1 of schedule 5 to the 1970 Act and be registered on behalf of the debtor. The effect of registration of such a certificate in terms of s.18(3) of the 1970 Act is to disburden the security subjects of the security, so the security should be removed (or omitted) from the securities section as if it had been formally discharged.

In the case of a standard security for a non-monetary obligation, section 18(2)(b) of the 1970 Act provides that the debtor may apply to the court for a declarator that the whole obligations under the contract to which the security relates have been performed. If the declarator is granted by the court, a solicitor can draw up a certificate of declarator in the form prescribed by Form D, No. 2 of schedule 5 to the 1970 Act. This can be registered with the same effect as a certificate of consignation.

Contract of Excambion

Contract of Excambion applications should always be referred to Higher Complex referral officer. In most cases, the Contract of Excambion should actually be a Transfer of Part [TA’s] over both Titles. It should also be noted that a Contract of Excambion will always involve at least two properties, not just one.

The agents will normally have given the Application type as Dealing over the whole of a registered plot even where what they are transferring is only part of the property, e.g. where they a transfer a right in common to an area that they own in whole or in part. Although not transferring the property, they are transferring a right which is PART of the property hence it being a TP/TA.

Deeds of Restriction

See Discharge of Standard Securities - part of the page Securities Section Information.

The purpose of a deed of restriction is to release part of a plot of land from a standard security or other heritable security.

If the deed of restriction is submitted for registration subsequent to a TP registration, the standard security brought forward from the parent title should be removed from the charges section.
If the deed of restriction is submitted for registration prior to a TP application, a separate plans reference or verbal description is required for identification of the part disburdened and a footnote added to the relevant entry of the standard security on the parent title sheet. If a plan exists, see Deeds with Plans Annexed (below).
This will thus maintain the up to date position of that title sheet by showing that the security no longer affects the whole subjects in the title viz:
Note: The above Standard Security has been disburdened as regards that part of the subjects in this Title tinted/edged/hatched (colour) on the cadastral map, conform to Deed of Restriction registered dd/mmm/yyyy.
Note: The above Standard Security has been disburdened as regards (full postal address), conform to Deed of Restriction registered dd/mmm/yyyy

Deed of Servitude

See Servitudes.

This type of deed can be a joint recording in Sasines and registered over multiple title numbers.

If no deed plan exists, update title sheet accordingly.

If a plan exists, see Deeds with Plans Annexed (below). Any references must fall wholly within the extent of the burdened property.

On return from Plans Referral, the deed can be edited into each title sheet.

Benefited Property

If the deed contains servitude rights only with no conditions, update the property section description accordingly. Add a property section note, SR1 or SR2 on picklist. No burdens section entry necessary.

If the deed contains servitude rights and conditions, a cross-referral is required in the property section description - "together with the servitude rights specified in the Deed of Servitude in Entry ? of the Burdens Section". If numbered clauses exist, no need to add "together with" and number the cross-referral accordingly. No property section note necessary.

Create burdens section entry. Add element note "2012 Act Compliant, refers to (colour) tint/hatch/supplementary data/edge/additional cadastral map view (no.X)". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

Benefited/Burdened Property

To edit the deed in the Burdens Section, two different preambles are used dependent on the type of deed and the format.

(1) If the deed registered is under section 77 of the Title Conditions (Scotland) Act 2003 (a right to lead pipes, wires, cables etc), the following preamble can be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of a servitude right over that part of (include a full postal address of the Burdened Property) being the subjects registered under Title Number (hereinafter referred to as "the Subjects") (if applicable) …… tinted/hatched/edged …… on the title plan/cadastral map, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

(2) If the deed registered is in a schedule format and contains interpretations and definitions, the following preamble can be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of the following servitude rights, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

Convert the deed using Abbyfinereader, copy and paste deed into entry. Close and re-open entry. If the deed does not convert, use notepad application.

If the interpretations and definitions states "In this deed", amend to "In this entry".

Edit deed amending the entry for the plans reference(s) given.

If plans officer confirms that the title sheet is made "2012 Act compliant", check the title sheet for all references to "title plan/said plan/supplementary plan". Any burden entries must be cloned ensuring that the correct version of the entry is cloned and references amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)".

Spell check the completed entry.

Add a TCA 1/TCA 2 note, date 1/1/2050. This is a NR (no register) entry.

For deeds affecting multiple title numbers, if the same colour references are given for all other title numbers, assign the deed to the other title sheets. If colour references vary, the entry must be cloned then edited accordingly. An element note is added - "Version ? cloned to make 2012 Act Compliant, refers to (colour) tint/hatch/additional cadastral map view ?". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

A Deed of Servitude which also creates real burdens should be recategorised as an X4 (standalone DW) or the same category as the lead FR.

Deeds with Plans Annexed

All deeds with plans should have been referred pre-Intake. Check Associated Cases/Intake on CMS.

Consideration should be given to whether the cadastral map requires updating. The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property. If in doubt, refer directly to plans officer who can confirm.

If a new reference is required, add a Title N & I on the LRS. Check the property section description, if the description does not state "Subjects cadastral unit (Title Number)", include an instruction in the Title N & I to make the title sheet 2012 Act compliant. Address response "Plans Settle" from the dropdown list. Add a similar note in Complex Plans referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

On return from Plans, amend the title sheet accordingly for the reference. If a new burdens section entry is created, add an element note – “2012 Act compliant, refers to (colour reference)/on additional cadastral map view-1/2/3…”.

If plans officer confirms that the title sheet is made "2012 Act compliant", all references on the title sheet to "title plan/said plan/supplementary plan" should be amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)". Any burden entries requiring amendment must be cloned, ensuring that the correct version of the entry is cloned.

An element note is added - "Version ? cloned to make 2012 Act Compliant, refers to (colour reference)/on additional cadastral map view-1/2/3…”. If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

Discharge of NPLC

See Notice of Potential Liability for Costs - part of the page Burdens Section Information.

The statutory style and registration requirements for each form of notice (Title Conditions (Scotland) Act 2003 or Tenements (Scotland) Act 2004 should be met. If not, the application should be rejected.

A NPLC may be deleted from the title sheet on the expiry of the 3 year period from its date of registration. If the entry being deleted is not the last entry in the burdens section, the title sheet should be checked for any amendment to cross-references to entry numbers.

Disposition (evacuation of survivorship destination)

See Applications affected by the evacuation/non-evacuation of a special destination - part of the page Destinations.

The deed should be in form of a disposition and contain an acceptable operative clause such as dispone or convey. Consideration in application workdesk - "Evacuation of Special Destination".

To effect a variation of a destination, the Keeper will accept a disposition by parties to themselves. For example, A and B hold title to subjects "equally between them and to the survivor of them" but no longer wish the property to transfer to the other in the event of one party's death. A disposition by A and B to themselves, explaining within the narrative that it is to effect the variation of the destination will be accepted and the title sheet will be updated to show the new position.

The reverse is also acceptable, i.e. when there is no destination and the parties wish to create a survivorship destination. The deed should be in form of a disposition and contain an acceptable operative clause (dispone, convey). Consideration in application workdesk - "Creation of Special Destination".

An application to register any other document amongst the parties attempting to evacuate the destination should be referred for further guidance.

Disposition by Guardian

See Deed by Guardian or Authorised Person - part of the page Legal Capacity.

The deed can run either in the name of (1) the guardian or authorised person or (2) the incapax.

Where the adult is registered proprietor of the subjects, the intervention interlocutor or guardianship order should already be registered. If the order is not set out in the proprietorship section of the title sheet, an application should be made (with a separate application form and appropriate fee) before or on the same day as the application for registration of the disposition or other deed by the authorised person. If the order is not registered, reject the disposition.

The authorised person should have power to grant registrable deed. Check the terms of the order to ensure that the authorised person or guardian appears to have the power to transact with the property in the manner given effect to by the registrable deed. If in doubt, then a referral should be made to the referral officer.

There is no requirement to check for evidence of caution or consent. The application (e.g. the form and the registrable deed) should not indicate any concerns regarding lack of caution or consent. If the application or registrable deed does indicate a concern, then a referral should be made to the referral officer.

Floating Charges and Debentures

See Floating Charges and Debentures in Securities Section Information

The existence of a floating charge or debenture would be noted in a title sheet as an overriding interest in terms of the Land Registration (Scotland) Act 1979 if disclosed to the Keeper in an application, normally within the terms of a ranking agreement. However, there is no equivalent provision for noting the existence of such charges in a title sheet in the 2012 Act and the same should be dealt with as follows:

Floating charge

If the existence of a floating charge comes to light in a new application for registration, the floating charge should not be disclosed in the title sheet. Unless absolutely necessary, no mention of the floating charge should be made in any ranking note, rather it should merely reflect that the security is affected by ranking provisions, e.g.:

Note: The above Standard Security is affected by ranking provisions contained in the Ranking Agreement registered DD/MMM/YYYY.

If the existence of a floating charge has been noted in a previously registered title, reference to the floating charge should only be removed where it is feasible and where (i) a notification of inaccuracy by an external party has been submitted, or (ii) where an application undergoing registration discloses a request to remove an existing reference. In either case, there must be a specific request for the charge to be removed and sufficient information must be submitted to the Keeper as evidence that the charge has been satisfied. If these conditions are met and only a single standard security and the floating charge are affected by ranking provisions, then this will become an off-register matter and the floating charge and note can be deleted. However, if there are multiple securities and the floating charge is affected by ranking provisions then the entry for the floating charge should not be removed if this would result in any existing ranking notes becoming unclear and possibly misrepresenting the position regarding ranking. Guidance should be obtained from a referral officer as required.

Debenture

If the existence of a debenture that comes to light in a new application for registration should also not be referred to in a title sheet and any existing entry should only be removed if feasible and where the same conditions are met as detailed above for floating charges.

Guardianship and Intervention Orders

See Guardianship and Intervention Orders - part of the page Legal Capacity.

Registration of either type of order is given effect to by a note in the proprietorship section of the relevant title sheet usually setting out the relevant terms of the order. The entry for the right of the adult as proprietor or tenant in the proprietorship section is otherwise retained.

It is possible to refer to the contents of the order as entered in the archive record if the entry will be particularly lengthy, complex and cannot be edited clearly to extract the relevant information to be registered. The authorisation of such a cross reference should be referred for a decision by a referral officer. If a registration officer is repeating the whole terms of an order, consideration must be given to information that may be sensitive in nature (e.g. details of bank accounts or detailed care requirements) - such details should be omitted if possible as it is unlikely they will impact on any action affecting the registered title.

Enter a proprietorship section note, AIA1 on picklist. If using "Abbyy Finereader" to convert the text, check spelling for any errors.

"By an interlocutor of the Sheriff at xxxx dated xxxx, xxxx, (designed) was vested as guardian in management powers of the above xxxx (the Adult")*, for a period of XX years from this date** in terms of sections/Part xx of the Adults with Incapacity (Scotland) Act 2000. with the following functions and duties:-

*If the order refers to the incapax as the Adult,

**If the order refers to a specific time period.

Incorporating Deed (or part of deed) by Reference

See Deed or Document Incorporated into Title Sheet by Reference - part of the page Burdens Section Information.

A Variation of Lease must be incorporated by reference in the title sheet (see Leases below). See the registration manual for guidance for any other type of deed that incorporation may be required.

Joint Recording with Sasines

Deeds affecting both the Land and Sasine registers should not be completed until confirmation has been received from sasine staff that the deed has been recorded. See case collaboration notes in the LR and INT parts on CMS.

Leases (including assignation, renunciation, variation)

See the Leases page for a full discussion.

Assignation

Transfer of title of tenant's interest. The description of the lease within the deed should correspond with the schedule of leases in the property section. The operative clause must be "assign". Check that the consideration/price described in the deed is entered in the consideration box in the application workdesk. When the consideration/price narrated in the deed indicates that VAT is or is not payable, this should be reflected in identical terms to the deed. Update proprietorship section.

If the Assignation also contains a Variation of Lease, see Variation (below)

Renunciation

A renunciation can be registered over the Ownership title or Tenancy title, the deed may also be registered over both titles simultaneously. The deed should contain the tenancy (lease) title number and contain an operative clause, e.g. renounce.

Subsidiary interests

Outstanding securities must be discharged prior to closing title, reject the renunciation if any outstanding securities exist. Consideration should be given to any sub-leases if a mid-landlord's title is being closed, as the schedule of the sub-leases will need to be entered on to the landlord's title. A mid-landlord's interest can be identified by the existence of (1) a Short Particular of Lease schedule and Schedule of Sub-Lease in the property section and (2) entries of a Lease and Tenants Rights note in the burdens section.

Check the property section to establish the interest held under the title number, Ownership (Landlord) or Tenancy (Tenant). Please note that an interest may be a Mid-Landlord's title, this is where a tenancy title has been leased again by the tenant, this is known as a sub-lease. This can be identified by a schedule of leases and schedule of sub-leases entered in the property section of the title sheet.

If the renunciation is submitted over the tenancy title only, the following can be used to establish if the landlord's interest is registered in the land register or recorded in the sasine register.

(1) The deed may describe both landlord's and tenant's title numbers.

(2) The property section of the tenancy title may contain a note stating the right of ownership is registered under title number CCCXXXXX.

(3) Search the tenant's title number on LRS, the TP application will disclose the parent title number (landlord's title number) in the application workdesk.

(4) Search the Universal Web Viewer for the tenant's title number, press the "search by point" key within the extent of the subjects to disclose the title numbers within the area. If in doubt, refer directly to plans officer.

5) If it is established that the Landlord's title is held in the Sasine Register, the title workdesk should contain details of the search sheet number. If no search sheet number is found, check the Search Sheet on BOPS (pre 1993) or the CSR (post 1993).

Check Termination/Renunciation of Lease - Legal Settler (Clause 1.8). This lists the various scenarios under which the landlord and tenant titles can be held. If both titles are held in the land register, a live application is required for both titles. This type of deed should have been referred pre-intake, check Intake for associated cases for creation of a TU (title update) application or acknowledgement of an existing live application for another deed. Existing category A, A1 or B live applications can be used to effect the termination. If an existing live application is or associated with a FR or TP, the renunciation application cannot be completed and should be associated with the FR or TP.

The deed should describe the details of the lease and correspond with lease noted in the schedule.

Due to the move to Plans Creator, renunciations of leases which cover the full lease over the tenant's title are no longer required to be referred to plans. Partial renunciations of leases over the tenant's title still require referral to plans.

For renunciation/partial renunciation of lease, if the lease is shown on the landlord's title as a colour reference (e.g. yellow edge on the title plan/cadastral map), the plans referral should contain an instruction to remove this reference. See Deeds with Plans Annexed (above).

If the landlord's title is held in the land register and (1) a TU application has been created or (2) an existing live application for another deed has been used, wait until the following day to send a PDF file of that title from Scotlis to all email addresses listed in the Notification Details on the application form. If the deed has been registered over the landlord and tenant titles simultaneously, no email is necessary.

If either landlord/tenant interest is held in the Sasine Register, an Internal Data Amendment (IDA) form (Sasine) must be completed, this can be found on the Rosnet Home page under Forms/Registration.

Subsidiary Interests